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after story about the creative approaches needed to succeed in enforcing human rights in developing countries. Helena Romanach (LL.M. ’04) spoke about her work as a criminal defense attorney in São Paulo, Brazil. She said that it is common for judges in Brazil to sentence burglars to prison terms far beyond what the law allows, and for police to kill hundreds of suspects each year without any public outcry. Another panelist, Patrick Kiage (LL.M. ’04), reported that in his work as a capital defense attorney in Kenya, international human rights treaties are not of much use; Kenya’s judges are insufficiently educated about international law and are unwilling to even consider enforcing international agreements. Ibarra Gutierrez (LL.M. ’04), a public interest lawyer and advocate in the Philippines, noted that the fact that his country is a signatory to virtually every human rights agreement on record matters very little when it comes to the enforcement of human rights law in domestic courts. He illustrated this point with a story about a judge who Professor Holly Maguigan, GPSLP faculty co-director, and Kenneth Roth, executive director for Human Rights Watch, with GPSLP scholars, Patrick Kiage (LL.M. ’04), Helena Romanach (LL.M. ’04), Ibarra Gutierrez (LL.M. ’04), and Romanita Iordache (LL.M. ’04). argued that torture should be legal in certain situations, he United States is often criticized which nations internalize international even though the Philippines has signed the human rights agreements and the different Convention Against Torture. these days for the unwillingness of its approaches by which public interest lawyers politicians and judges to take internaRomanita Iordache (LL.M. ’04) practice law as a result. Roth argued that tional legal obligations seriously. Prodescribed her life as a lawyer and advocate too often in the United States, litigation is gressive courts in South Africa and for gay and lesbian rights in post-Cold War seen as the only way to advocate for a cause. India and Europe have made headRomania. Iordache claimed that Romania He said that other methods of advocacy are lines in legal circles by looking to internasigns every human rights treaty only to needed to succeed in a world that is often tional human rights law as a basis for major ignore them in practice. “We are very good decisions. However, despite this trend, a recent panel discussion hosted by NYU School of Law’s Global Public Service Law Project (GPSLP) asserted that public interest lawyers on the ground need more than international human rights law on the books to bring about positive social change. — K E N N E T H R OT H The panel brought together scholars from the Philippines, Romania, Kenya, more political than legal. “There is no reaat sham compliance,” she laughed. Iordache and Brazil for discussion about the obstacles son why the enforcement of rights needs to entertained the gathering with a story that lawyers face enforcing human rights. be limited to the legal realm,” he said. about how she once faced a judge who was The panel was moderated by Law School Roth commended the GPSLP as an Professor Holly Maguigan, GPSLP Faculty unaware of the existence of the Internaco-director, and introduced by Kenneth example of how legal education can prepare tional Convention on Civil and Political Roth, executive director of Human Rights lawyers to confront challenges to the interRights. Fortunately for Iordache and Watch (HRW). national rule of law and to enforce human her client, she had a copy of the convenRoth has led HRW since 1993 and has rights across domestic borders. The pantion in her bag for a class she was to teach overseen its development into one of the elists also discussed the relevance of internalater in the day. Iordache was able to show world’s premier human rights organizational legal frameworks to the practice of the judge Romania’s signature on the contions. He discussed the various ways in domestic human rights law, and told story vention and went on to win the case. ■
Do International Human Rights Treaties Make a Difference? The obstacles to enforcing human rights
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“There is no reason why the enforcement of rights needs to be limited to the legal realm.”
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